1. “Advertising Order” as used herein shall mean any order for the publication of one or more client(s) advertisement(s) in a publication for purposes of circulation.
2. Advertising orders shall be executed within one year after conclusion of the contract. Should the right to recall individual advertisements be extended to the client, the order shall be executed within one year of the appearance of the first advertisement, as long as the first advertisements shall have appeared in accordance with paragraph 1.
The client shall be entitled to recall further advertisements within the specifically agreed deadlines mentioned in Sections 1 and 2.
3. The Publisher shall be entitled to decline advertisements and orders for insertion even after the conclusion of the contract, by reason of their content, on the grounds of origin or technical form in accordance with the uniformly applicable basic regulations of the publisher, if such content conflicts with the law, with legal provisions, or with common moral standards, or if the Publisher deems their publication unreasonable. This shall also apply to inserts and supplement contracts. They may also be declined if they would tend, through their format or layout, to create in the reader the impression that they form an integral part of the magazine or journal.
4. The placing of advertisements, supplements and client-supplied inserts in specific issues, editions or page locations is in no way guaranteed.
5. Advertising orders are binding, if they are given in person, by telephone, in writing, by fax or by electronic means. The client is responsible for the quality of advertising material submitted for publication. The information contained in the publishing company’s confirmation of order is the information the publishing company uses to carry out the order.
The client shall be responsible for the timely delivery of the advertising text and of satisfactory print materials and inserts. Should execution of the advertising order not be possible because these materials were available too late or incompletely, the client shall bear the full costs of the advertisement. Printing material faults which are not recognizable immediately and which are noticeable on publication of the advertisement only, cannot form the basis of any claim on part of the client should the supplied proof be insufficient.
6. In cases where an advertisement has been erroneously printed the client shall have the right to claim a reduction in payment.
In the case of errors which grossly detract from the purpose of the advertisement(s) the client shall have the right to claim publication of a satisfactory replacement advertisement. No further claim on the part of the client shall be admitted.
7. The client shall bear all charges for preparation of proposals presented in the order, for printing plates, lithographs and artwork, films as well as for subsequent alterations thereto.
8. Proof sheets shall be delivered to the client only by request.
Should the client not return by the prescribed deadline proof sheets which were delivered to him in good time, approval to print shall be held as having been given.
9. Print materials shall be returned only when specifically requested.
The period for safekeeping of such materials shall be three months after the execution of the order.
10. In the case of box number advertisements the Publisher shall bear only such liability as is customary in the publishing business for the safekeeping and timely forwarding of mail. Liability for indirect damages is excluded.
Registered and express mail shall be forwarded by normal mail.
Storage time for incoming mail shall be four weeks after receipt. After that time, mail received shall be destroyed.
11. No claim under the warranty of compensation for damages shall be admitted that has not been made within four weeks after publication of the advertisement through a written notification of errors.
12. Should performance of the order be impossible owing to circumstances not attributable to the publisher, the client shall compensate the publisher for all costs (typesetting, film processing, and the like) arising there from.
Should the advertisement governed by the order be published in part owing only to circumstances not attributable to the Publisher, the client shall be charged only a corresponding fraction.
Discounts allowed shall be adjusted to the value of advertisements actually appearing.
Claims for compensation of damages by the client for advertisements which for whatever reason have not been published or have not been published in good time shall not be admitted.
13. It is agreed that such compensation shall apply as is set forth in the relevant schedule of fees issued by the Publisher.
For calculation of advertisement space sold, text millimeters shall be converted into advertisement millimeters to obtain price. Should specific size of advertisement not be agreed upon, the advertisement shall be invoiced on the basis of the size actually published.
Compensation shall be payable within the collection period stipulated in the Schedule of Fees.
We need to include reference to prepayment conditions e.g.: Any organization placing a first advertising order, or an order placed after a period of 36 months during which no order has been placed, shall be considered a “new” client and will be required to pay in advance the full agreed cost of the advertisement before publication of the advertisement.
When payment is delayed, past-due interest at the rate of 4% over the prevailing European Central Bank discount rate shall be assessed. A fee of € 10.00 shall be charged for each letter for demand of payment.
Where payment is delayed the Publisher shall be able to defer the further execution of current orders until payment is made without thereby cancelling the entire order.
14. All contracts shall be subject to the laws of the Federal Republic of Germany. For contracts between independent foreign subsidiaries and their clients, the law of the country in which the subsidiary is registered is binding. Place of performance and jurisdiction is the headquarters of the subsidiary.
15. Place of performance and judicial venue shall be the city of Bad Neuenahr – Ahrweiler.
16. In accordance with §§ 26 and 34 of the Bundesdatenschutzgesetz of 1. 1. 1978 we herewith give notice that we shall be employing electronic data processing for administration and invoicing of the contract. For this purpose we or a third party shall be storing personally applicable data insofar as it is of significance for the performance of the contract.
17. Where not otherwise stipulated in these “General Business Terms and Conditions Governing Advertising Orders”, our “Allgemeine Lieferbedingungen” (“General Terms and Conditions of Supply”) shall apply.
18. Any oral agreements not in keeping with the conditions for delivery and payment must be confirmed in writing.
19. If the client’s billing address differs from his mailing address, the client must inform the publishing company accordingly and provide the appropriate address.
20. If one of the above conditions violates any law or regulation, the validity of none of the other conditions is affected. In such a case, the void condition should be interpreted in a manner that permits the achievement of the aim the void condition was intended to achieve.
Additional Business Terms:
Force majeure, strikes, plant disruptions etc. releases the publishing house of all obligations. The client and not the publishing house holds responsibility in view of claims by third parties should the published ad be against the law, in particular law concerning competition and license infringement. The publishing house cannot be held liable should a small number of “loose” supplements not be distributed with the main journal. In the case of orders by phone, the publishing house can be held liable for errors only should these be due to gross neglect or deliberate action. Placement instructions are valid only if confirmed by the publishing house to the client.